Plumley facing February sentencing in federal case

Former Camden town manager James O. Plumley III will be sentenced Feb. 4 in federal court for his role in a mail fraud scheme that defrauded the state of Delaware of more than $200,000.

Jeff Brownjeff.brown@doverpost.com@DoPoJeff

Former Camden town manager and chief financial officer James O. Plumley III will be sentenced Feb. 4 in federal court for his role in a scheme that defrauded the state of Delaware of more than $200,000 over a four-year period.

Plumley was to be sentenced Dec. 19, but his case was continued until the February date, said Kimberlynn Reeves, press officer for the U.S. District Court for the District of Delaware.

According to court documents, Judge Richard Andrews acceded to a request from defense attorney Eleni Kousoulis that sentencing be delayed because Plumley is awaiting the results of a Dec. 5 MRI and has numerous medical appointments he must attend.

The results of the MRI, plus Plumley's medical history, including treatment for throat cancer over the past year, were factors in the request.

Assistant U.S. Attorney Shawn Weede, who is prosecuting the case, raised no objections to the delay.

Plumley, who pled guilty to mail fraud in August, faces a maximum of 20 years in prison. Under the United States Code, the charge incorporates any attempt to deceive another person or obtain money by false means by using the U.S. Postal Service. In this case, the charge was made on the basis of using the postal service to mail the kickback checks to Plumley.

Plumley's co-conspirator in the case, William P. Mahon, was sentenced on Dec. 19; Mahon was spared any prison time, but was ordered to undergo two years of probation and to pay restitution. Like Plumley, he could have been sentenced to 20 years in a federal prison after agreeing to a guilty plea.

According to the grand jury indictment against both men, Plumley was a project manager for the Chadd's Ford, Pa., Roofing Resources Inc., firm, which provided consulting services for the state regarding roofing services at state-owned buildings. From December 2004 through December 2008, Plumley was in a position to manage the company's business in Delaware and as such was able to ensure Mahon's company, W.P. Mahon Inc. of Wilmington, received state contracts. In turn, Mahon inflated his bids by an amount that was later kicked back to Plumley's checking account.

In some cases, Plumley used the letterhead of competing companies to submit false bids that were higher than those turned in by Mahon, thus ensuring Mahon received the contract.

The Federal Bureau of Investigation traced $204,000 in kickbacks from Mahon to Plumley.

The federal case was based on an initial investigation by Camden Chief of Police William Bryson and former Capt. Gary Melvin.

Camden Police also had investigated charges in 2011 that Plumley and a Smyrna contractor had conspired to embezzle more than $120,000 from Camden in a scheme where the town was billed for building repairs that were never made.

In that case, Plumley accepted a plea bargain and was sentenced to 10 years in prison, which was suspended for 18 months. He also repaid $90,000 to the town.